Discuss the advantages and disadvantages of alternative dispute resolution compared to litigation. If you were?

Discuss the advantages and disadvantages of alternative

dispute resolution compared to litigation. If you were entering

into a business contract which would you prefer to see

in the contract? Why?

1 Answer

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  • 9 years ago
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    As a current plaintiff, I would not like the thought of being precluded from using the court system (binding arbitration) but do believe both parties should try to settle out of court. It is faster and cheaper. So I would support mediation, where a neutral third party tries to get both sides to a consensus, but not a situation where an arbitrator makes a decision, unless that decision was appealable. I would want a contract written in such a way that neither side had leverage over the other should a dispute arise.

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